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Procuracy, the Agency for Investigation of Buon Ma Thuot provisionally detained him from
investigation. He confessed that he had conducted activities violating the law. The Government
indicated that, on 1 May 2008, he was found dead - having committed suicide by hanging with
his shirt - in the detention house of Tan An Wart. The police of Dak Lak province in
collaboration with other concerned agencies carried out investigation of the scene, decided to
send his dead body to the general hospital of Dak Lak province for a post-mortem examination
to find out reasons of his death, but his family did not agree with a post-mortem examination on
his dead body. His family voluntarily wrote a paper of guarantee, pledging to take his dead body
to his village for burial. Therefore, the reasons of his death could not be identified. According to
the Government, the professional agencies of Viet Nam are facing difficulties in sending dead
bodies for post-mortem examinations. The local people believe that a post-mortem examination
breaks their traditional custom and do not want a dead body to be examined.
213. With regard to Mup, the Government informed that on 26 August 2008, the People’s
Committee of Kdang commune had invited him to its office to identify his activities contrary
to law provisions. When he finished his declaration, he was allowed to go home. On
27 August 2008, he committed suicide by hanging in a garden behind his house. When his
family members saw him, he was already dead. Local people said that he had symptoms of
mental disease. In the past, he attempted to commit suicide several times, but he was timely
taken care of. His family certified that he was dead, because he had committed suicide by
hanging himself. His family asked for permission to bury his dead body, refused a post-mortem
examination and did not submit a complaint about his death.
214. The Government further informed that in Viet Nam, there is a strong legal framework to
protect complainants and denunciators. Article 74 of the 1992 Constitution stipulates that
citizens have the right to lodge with any competent State authority a complaint or denunciation
regarding transgressions of the law by any State agencies, economic or social organizations,
people’s armed force units or any individual; retaliation against complainants or denunciators is
strictly prohibited. Stipulations for dealing with wrong doings of individuals who take
responsibility to settle complaints, denunciations and dealing with heads of competent agencies,
organizations that do not apply necessary measures to prevent wrong doings of his/her
employees are provided in several provisions of the Penal Code, the Criminal Procedures Code,
the Civil Procedures Code, the Complaints and Denunciations law and of relevant Government
decrees. In addition, the following measures are applied by professional agencies - such as the
People’s Court, the People’s Procuracy, etc. - to protect complainants and denunciators: 1) to
receive complainants and denunciators in a friendly manner and to engage in a dialogue with
them in order to find out prompt solutions; 2) to guide the professional agencies at the lower
levels to strengthen their cooperation in dealing with complaints and denunciations; 3) to
guarantee the safety of complainants and denunciators.
Observations
215. The Special Rapporteur is grateful for the response of the Government of the Socialist
Republic of Viet Nam. She would like to refer to General Assembly resolution 63/181 which
urges States “to step up their efforts to protect and promote freedom of thought, conscience,
religion and belief, and to this end to ensure that no one within their jurisdiction is deprived of
the right to life, liberty or security of person because of religion or belief and that no one is
subjected to torture or other cruel, inhuman or degrading treatment or punishment or arbitrary